Terms of Employment (Information) Act 1994

F17 [ Offences

6B

6B. (1) An employer who, without reasonable cause, fails to provide an employee with a statement required by section 3(1A) , within one month of the date of the commencement of that employee s employment, shall be guilty of an offence.

(2) An employer who deliberately provides false or misleading information to an employee, or who is reckless as to whether or not false or misleading information is provided, as part of the statement required by section 3(1A) , shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.

(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.

(6) Where a person is convicted of an offence under this section the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.

(7) In proceedings for an offence under this section, it shall be a defence for the accused to prove that he or she exercised due diligence and took reasonable precautions to ensure that this Act was complied with by the accused and by any person under the control of the accused.

(8) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence. ]

Annotations

Amendments:

F17

Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 10, S.I. No. 69 of 2019.

Editorial Notes:

E12

The section heading is taken from the amending section in the absence of one included in the amendment.